Great ponds public. B. L. 16. C. L. 90, § 2. 1869, 384, § 8. P. S. 91, § 11. 7 Allen, 165. Commissioners may occupy certain great ponds. 1869, 384, § 9. 1876, 62, § 1. 17. 1886, 248, § 2. FISHERIES IN GREAT PONDS. SECTION 15. The fishery of a pond, the area of which is more 1 than twenty acres, shall be public, except as hereinafter provided; 2 and all persons shall, for the purpose of fishing, be allowed reason- 3 able means of access thereto. 170 Mass. 509. 4 SECTION 16. The commissioners may occupy, manage and con- 1 trol not more than six great ponds, except such as have revested 2 in the commonwealth for breach of the terms and conditions of any 3 P. S. 91, §§ 12, lease thereof, for the purpose of cultivating useful fishes and of 4 distributing them within the commonwealth; and may occupy not 5 more than one-tenth part thereof with enclosures and appliances for 6 the purpose of such cultivation; but this privilege shall not affect 7 any public rights to such ponds, other than the right of fishing, and 8 the appliances and enclosures shall be so placed as not to debar 9 ingress to or egress from such ponds at proper places. Op. A. G. Aug. 21, 1900. Notices of such - rights of commissioners. 1876, 62, § 3. P. S. 91, § 19. Stocking great Op. A. G. Aug. Fishing in Mill County com. missioners to 10 SECTION 17. If the commissioners determine so to occupy and 1 improve any such pond, they shall post a notice of such purpose in 2 a public place in the town or towns in which said pond is situated 3 and file a like notice in the office of the clerk of each of said towns 4 and in the office of the secretary of the commonwealth. The affi- 5 davit of an officer qualified to serve civil process that such notice 6 has been posted shall be deemed full proof thereof. 7 SECTION 18. After such notice has been so filed and posted, any 1 violation of any of the rights of said commissioners under the pro- 2 visions of section sixteen shall be punished as provided in section 3 twenty-nine. 4 SECTION 19. The commissioners, upon the petition of the mayor 1 and aldermen of a city or of the selectmen of a town within which 2 a great pond or a portion thereof is situated, or of thirty or more in- 3 habitants thereof, shall cause the waters of such pond to be stocked 4 with such food fish as they judge to be best suited to such waters. 5 They shall thereupon prescribe, for a period not exceeding three 6 years, such reasonable regulations relative to the fishing in such 7 ponds and their tributaries, with such penalties, not exceeding 8 twenty dollars for one offence, as they deem to be for the public 9 interest, and shall cause such regulations to be enforced. Five hun- 10 dred dollars shall be annually appropriated by the commonwealth 11 to carry out the provisions of this section. 12 SECTION 20. The commissioners may occupy and control Mill 1 pond, in the town of Yarmouth, for the purpose of cultivating food 2 fish for distribution within the commonwealth. Whoever, without 3 the written consent of the commissioners, fishes in said pond in 4 any other manner than with hand line and single hook, shall forfeit 5 not less than fifty nor more than two hundred dollars for the first 6 offence, and not less than one hundred nor more than two hundred 7 dollars for any subsequent offence. SECTION 21. The county commissioners shall, in July, upon the 1 pondre great request and at the expense of any persons who claim to be interested 2 P. S. 91, § 21. 3 in a great pond, cause a measurement thereof to be made which shall 1869, 384, § 11. 4 be recorded in the office of the town clerk of each town within 5 which such pond is situated; and no arm or branch shall be included 6 as a part of a pond unless it is at least fifty feet in width and one 7 foot in depth. 1 measure great SECTION 22. The selectmen of a town may measure ponds Selectmen may 2 which are wholly within their town, in the manner provided in the ponds, when. 3 preceding section, and such measurement shall be recorded in the 1878, 134. 4 office of the town clerk. 1 SECTION 23. The riparian proprietors of any pond, the area 1 P. S. 91, § 22. of Exclusive any ex fishery of riparian owners. 1869, 384,657, 12. P. S. 91, § 10. 119 Mass. 300. exclusive 1869, 384, § 13. SECTION 24. A pond which is not more than twenty acres in Acquisition of 2 area and is bounded in part by land belonging to a town or county fishery. 3 shall become the exclusive property of the individual proprietors P. S. 91, § 23. 4 as to the fisheries therein only upon payment to the town treasurer, 5 county commissioners or treasurer and receiver general of a just 6 compensation for their respective rights therein, to be determined 7 by three persons, one of whom shall be a riparian proprietor of said 8 pond, one the chairman of the board of selectmen, if the rights of a 9 town are in question, or of the county commissioners, if the rights 10 of a county or of the commonwealth are in question, and one to be 11 appointed by the commissioners on inland fisheries and game. 1 SECTION 25. Whoever, without the written consent of the pro- Penalty for taking fish in 2 prietor or lessee of a natural pond, the area of which is not more certain ponds. 3 than twenty acres, or of an artificial pond of any size, in which fish 1874, 12, §§ 1, 2. 4 are lawfully cultivated or maintained, takes any fish therefrom, shall P. S. 91, § 24. 5 forfeit not more than twenty-five dollars for each offence. 127. 1 SECTION 26. Whoever draws, sets, stretches or uses a drag net, Use of nets in 2 set net, purse net or seine in any pond, or aids in so doing, shall be ponds regu 3 punished by a fine of not less than twenty nor more than fifty 1884, 318, §§ 1, 3. 4 dollars. The provisions of this section shall not affect the rights 5 of riparian proprietors of ponds mentioned in section twenty-three 6 nor the corporate rights of any fishing company. CONTROL OF FISHERIES BY RIPARIAN PROPRIETORS. unnavigable 1 SECTION 27. A riparian proprietor of an unnavigable stream Enclosure of 2 may, within the limits of his own premises, enclose the waters streams. 3 thereof for the cultivation of useful fishes if he furnishes a suitable 34, § 16. P. S. 91, § 25. 4 passage for migratory fishes naturally frequenting such waters. fishes artifi 1869, 384, §§ 18, 1 SECTION 28. Fishes which are artificially propagated or main- Ownership of 2 tained shall be the property of the person propagating or maintain- cially propa3 ing them. A person who is legally engaged in their culture and gate. 4 maintenance may take them in his own waters at pleasure, and may P. s. 91, § 26. 5 have them in his possession for purposes properly connected with 164 Mass. 480. 6 said culture and maintenance, and may at all times sell them for 20. Penalty for fishing where cially propagated. 1869, 384, § 19. P. S. 91, § 27. 108 Mass. 441. 110 Mass. 175. 119 Mass. 300. Definition of Governor may Governor may limit times of fishing in certain waters. 1869, 384, § 15. P. S. 91, § 30. Owners of un navigable tidal trol fishery thereof. 1871, 281, § 2. P. S. 91, § 31. 1890, 231. 119 Mass. 526. these purposes, but shall not sell them for food at seasons when 7 their capture is prohibited by law. 8 SECTION 29. Whoever, without the permission of the proprie- 1 tors, fishes in that portion of a pond, stream or other water in which 21 fishes are lawfully cultivated or maintained shall forfeit not less 3 than one nor more than twenty dollars for the first offence, and 4 not less than five nor more than fifty dollars for any subsequent 5 offence. 6 130 Mass. 469. 142 Mass. 71. 162 Mass. 219. SECTION 30. For the purposes of this chapter, no tidal stream 1 shall be considered navigable above the point where, on the average 2 throughout the year, it has a channel less than forty feet wide and 3 four feet deep during the three hours nearest the hour of high tide. 4 SECTION 31. The governor, with the advice and consent of the 1 council, may, for the purposes of this chapter, arbitrarily fix and 2 define the tidal bounds and mouths of streams upon the recommenda- 3 tion of the commissioners on inland fisheries and game. 4 SECTION 32. The governor may, in like manner, limit or prohibit, for not more than five years at any one time, fishing in the 2 navigable tidal waters and in the unnavigable waters of specified 3 streams, except in such portions as may be enclosed according to 4 provisions of section twenty-seven; and whoever fishes in streams 5 where the right of fishing is thus limited or prohibited shall forfeit 6 ten dollars for the first offence and fifty dollars for each subsequent 7 offence. 8 SECTION 33. The riparian proprietor on an unnavigable tidal 1 streams to con- stream, enclosed or unenclosed, in which fishes are lawfully cultivated 2 or maintained shall have the control of the fishery thereof within 3 his own premises and opposite thereto to the middle of the stream, 4 and a riparian proprietor at the mouth of such stream shall also 5 have control of the fishing thereof beyond and around the mouth 6 of the stream so far as the tide ebbs, if it does not ebb more 7 than eighty rods; and whoever fishes within these limits without 8 permission of such owner shall forfeit not less than one nor more 9 than twenty dollars for the first offence and not less than five nor 10 more than fifty dollars for each subsequent offence. 11 Towns may open ditches, etc., to create herring fisheries. 1866, 187, § 3. P. S. 91, § 63. 167 Mass. 122. -shall own such fisheries. 1866, 187, § 4. P. S. 91, § 64. HERRING AND ALEWIVES. SECTION 34. A city or town may open ditches, sluiceways or 1 canals into any pond within its limits for the introduction and prop- 2 agation of herring or alewives, and for the creation of fisheries 3 for the same; and land for opening such ditches, sluiceways or 4 canals within such city or town may be taken according to the pro- 5 visions of law for the taking of land for highways. 6 SECTION 35. A city or town which creates such fishery shall own 1 it, may make regulations concerning it and may lease it for not 2 more than five years, upon such terms as may be agreed upon. A 3 town may lease for a like period, and upon like terms, any fishery 4 owned by it or any public fishery regulated and controlled by it. 5 fishing in such out permission. 1 SECTION 36. Whoever takes, kills or hauls on shore any her- Penalty for 2 rings or alewives in a fishery created by a city or town, without its fisheries with 3 permission or that of its lessees, or in a fishery created by a corpora- 1866, 187, §§ 5-7. 4 tion, without the permission of such corporation, shall forfeit not PS. 91, $5 65, 5 less than five nor more than fifty dollars. Prosecutions under the 6 provisions of this section shall be commenced within thirty days 7 after the commission of the offence. 1 SECTION 37. The provisions of the three preceding sections 2 shall not impair the rights of any person under any law passed be3 fore the twenty-fifth day of April in the year eighteen hundred and 4 sixty-six or under any contract then existing, or authorize a city or 5 town to enter upon or build canals or sluiceways into a pond which 6 is the private property of a person or corporation. 66. Rights under not affected. 1866, 18, contracts, etc., P. S. 91, § 67. 1 SHAD AND ALEWIVES. wife fishing in SECTION 38. Whoever takes or aids in taking from the Connec- Shad and ale2 ticut river or its tributaries any shad or alewives between the first Connecticut 3 day of July and the fifteenth day of March shall forfeit one hundred river; 4 dollars for each offence. 1 1868, 130, § 1. 1870, 369. 1881, 47, §.1. 1812, 103, § 1. P. S. 91, § 32. mac river. 1789, 51, § 1. SECTION 39. Whoever, from the first day of March to the thirty- Alewife fish2 first day of May, takes alewives above tidal waters in the Merrimac ing in Merri3 river or any tributary thereof between sunrise on Friday morning 1754-5, 31, § 7. 4 and sunrise on Monday morning shall, except as provided in section 5 forty-one, forfeit for each alewife so taken not less than one nor 6 more than five dollars. 1811, 176, § 1. 1832, 56, § 2. 1819, 20, § 3. 1874, 144, § 1. SECTION 40. No person shall take shad in the Merrimac river Shad fishing in first day of July and the first day of river. SECTION 41. Whoever takes shad or alewives in that part of the shad and ale2 Merrimac river where the tide ebbs and flows, by the use of a gill in Merrimac 3 net of any description, or of a sweep seine having a mesh which 4 stretches less than one and three-quarters inches, shall forfeit 1895, 88, § 1. 5 twenty-five dollars for each offence. river. 1897, 110. etc., except. 1764-5, 34, §§ 1, 1 SECTION 42. Whoever takes shad or alewives, except in the Penalty for 2 Connecticut, Taunton Great, Nemasket and Merrimac rivers and taking shad, 3 their tributaries, in any other manner than by naturally or arti- 174-331 4 ficially baited hook and hand line, on Sunday, Tuesday or Thurs- 189,3 5 day, and whoever, between the fifteenth day of June and the first 29 6 day of March, takes shad except in the Connecticut and Merrimac P. S. 91, § 55. 7 rivers, or alewives, shall forfeit for each shad five dollars, and for 1895, 88, § 2. 8 each alewife twenty-five cents. 1 1869, 384, §§ 24, 1871, 293. wives from SECTION 43. Lessees from the commissioners on inland fisheries Taking ale2 and game of any body of water in the county of Dukes County and leased ponds in 3 all other persons having the right to take alewives in any other 182, 102. 4 waters in said county may at any time take alewives from said 1884, 245. Dukes County. waters and from the ditches connecting them with each other. Who- 5 ever, other than said lessees or any other person duly authorized, 6 takes any fish, except eels, from any of said waters or ditches with- 7 out the previous permission in writing of said lessees or of said 8 duly authorized person shall forfeit one dollar for each fish so 9 taken. 10 REGULATION OF FISHING NEAR FISHWAYS AND WITH NETS, ETC. SECTION 44. Whoever takes any fish within two hundred yards 1 of any fishway on the Connecticut river or its tributaries, or tres- 2 passes within the limits of such fishway, shall forfeit fifty dollars for 3 each offence. Whoever takes any fish beyond two hundred and 4 within four hundred yards of any such fishway, in any other manner 5 than by artificially or naturally baited hook and line, shall forfeit 6 twenty-five dollars for each fish so taken. 7 1 SECTION 45. Whoever takes any fish within four hundred yards of any fishway on the Merrimac river, or trespasses within the 2 limits of such fishway, shall forfeit fifty dollars for each offence. 3 SECTION 46. Whoever, from the last day of May to the first day 1 of March, uses a net of any description in the waters of the Merri- 2 mac river or any tributary thereof shall forfeit twenty-five dollars 3 for each offence. 1817, 16, § 2. 1766-7, 13, § 1. 1792, 78. 1812, 84. -with gill nets in Connecticut or Merrimac rivers forbid. den. Use of seines in Mill and Plum Island rivers. 1900, 159. SECTION 47. Whoever uses a gill net of any description in the 1 waters of the Connecticut or Merrimac river or any tributary 2 thereof shall forfeit twenty-five dollars for each offence. 3 SECTION 48. Whoever, in taking herring or mackerel, except 1 with a dip net, in Mill river and its tributaries in the city of 2 1887, 105, §§ 1, 3. Gloucester or the towns of Essex and Ipswich, or in Plum Island 3 river and its tributaries in the towns of Ipswich, Rowley or New- 4 bury, uses a net or seine having a mesh of less than one and 5 three-quarters inches shall be punished by a fine of twenty-five 6 dollars for each offence. Size of meshes of sweep seines. 1864, 62. SECTION 49. 7 Whoever uses in the Connecticut, Westfield, Deer- 1 field, Miller's, Merrimac, Nashua or Housatonic rivers, or any 2 1869, 384, § 21. tributary thereof, a sweep seine having a mesh which stretches less 3 than five inches shall forfeit twenty-five dollars for the first offence, 4 and fifty dollars for each subsequent offence. 1872, 235. 1878, 172, § 1. P. S. 91, § 39. Seine fishing in 1882, 166, § 1. 5 SECTION 50. The penalties prescribed by this chapter for un- 1 lawful fishing in the Merrimac river shall not apply to any person 2 who draws a net or seine with a mesh not less than two and one- 3 quarter inches after the twentieth day of June in each year at any 4 point in said river below the Essex-Merrimac bridge, unless he takes 5 salmon or shad, nor if, while thus lawfully fishing, he takes such 6 fish and immediately returns it alive to the waters from which it was taken. 78 |